Creativebug's Terms and Conditions of Use
IMPORTANT – please read everything below carefully before subscribing or registering.
Welcome to the www.creativebug.com network of websites and Applications (the “Site”).
Thank you for your interest in using our services and products. We provide our Registered Users (defined below) with access to our Site, and to a wide array of arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, digital downloads and messages, and a forum for blogs and postings. We provide access to the Content (defined below) by streaming it over the internet.
Please review the following Terms and Conditions of Use (the “Terms”) carefully before using the Site and before purchasing products or services, or obtaining content from our Site. These Terms contain an arbitration clause, a class action >waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Our website is provided to you, the user, by Creativebug LLC, a Delaware limited liability company, which is a wholly owned subsidiary of Jo-Ann Stores, LLC. Whenever we use the words “we,”, “our,”, “Creativebug,”, “us,” or “Company,” we are referring to Creativebug, LLC and its parents, subsidiaries, and affiliates.
“Artists” refers to instructors who provide Content for the Site.
“Content” refers to arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, digital downloads and messages, and a forum for blogs and postings.
“Include,” “includes” or “including” means “including, without limitation”.
“Offerings” refers to the services (“Services”) and products (“Products”) offered by us on the Site.
“Payment Methods” refers to VISA, MasterCard, and American Express credit cards, PayPal (in some instances), and future other payment methods.
“You” or “Your” refers to individuals who either: (a) join the Site with a free membership to access free Services or contribute Content to the Site; (b) subscribe to the Services (“Subscribers”); or (c) Artists and others who contribute Content to the Site. “Registered Users” refers to the individuals described in subsections (a), (b) and (c).
2. Binding Agreement
These Terms explain the respective rights and limitations of us, you, and other Registered Users’ when using the Site, Offerings, Content.
When you agree to these Terms, register, or use our Site: (a) you represent and warrant that the registration information you provide is complete and accurate, (b) you consent to be bound by, and become a party to this agreement, and (c) you agree to keep your registration and payment information with us current.
Please carefully read these Terms before you register or use any Offerings. If you do not agree with these Terms or cannot comply with the Terms, then do not agree use the Site or any Services and do not register or use any Offerings.
By registering on our Site or otherwise becoming a Subscriber, it means that you have agreed to these Terms.
3. Changes to Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms at any time, effective 10 days after posting of the revised Terms on the Site. Your continued use of the Site or any Offerings after such posting or notification means you accept all revisions. If you do not agree to the revised Terms, you must terminate this agreement pursuant to the termination provisions below, and discontinue your use of this Site and all Offerings. Except solely as provided in this paragraph and the severability provision of these Terms, these Terms may not be changed without the handwritten (non-electronic) signature of an authorized person at Creativebug®.
4. Arbitration of Certain Disputes
Any dispute or claim arising out of, or relating in any way to, these Terms, your visit to the Site, the Offerings, the Content, or to any purchase, return or other transaction with us (including claims relating to our advertisements and disclosures, email sent by us, or our collection or use of your information) (“Dispute”) must be resolved through binding arbitration, rather than in court. In lieu of arbitration, either you or we may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.
Any party who intends to seek arbitration must first try in good faith to resolve the Dispute by providing to the other side a written notice describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The notice must be mailed via certified mail to us at: Creativebug, c/o Jo-Ann Stores, LLC, Attn: Law Department, 5555 Darrow Road, Hudson, OH 44236; or to you at your last-used billing address or the billing or shipping address in your online profile. If we are unable to reach settlement within 60 days, then, upon notice to the other party (or parties), any party may begin arbitration.
If you are a resident of the United States or any other jurisdiction except Canada, you agree that the Federal Arbitration Act and federal arbitration law apply to this agreement, and that any arbitration under this agreement will be conducted by the American Arbitration Association (“AAA”), and pursuant to the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures, which are available at www.adr.org, or by calling 1-800-778-7879. If you are a resident of Canada, you agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, will be resolved by the Arbitration Rules of the ADR Institute of Canada, Inc., and that the arbitration will be in English.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis similar damages and relief as a court (including injunctive and declaratory relief or statutory damages). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. Unless the arbitrator finds some or all of your claims to be frivolous, we will pay all the fees of the arbitrator, and we agree not to seek attorneys’ fees or costs from you. We will also pay your attorney fees if we are ordered to do so by the arbitrator. In determining whether an action is frivolous, the arbitrator may consider if we have offered you a full refund of the sum you paid for items you purchased from us, or if we have otherwise offered full relief to you in relation to your individual claim.
Notwithstanding the foregoing, if in any manner you have violated or threatened to violate any of our intellectual property rights, we may bring suit in any state or federal court in Delaware or Ohio, or, if you are a resident of Canada, in the Courts of the Province of Ontario sitting in the City of Toronto. You consent to exclusive jurisdiction and venue in these courts.
This section will survive after these Terms terminate or your use of the Site ends.
5. Class Action Waiver
We and you agree that any Dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute will be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.
This section will survive after these Terms terminate or your use of the Site ends.
6. Billing and Payment Methods
By starting your Creativebug subscription, you expressly authorize us to charge the applicable subscription fee at the then-current rate, plus any applicable taxes, plus any other charges you may incur in connection with your use of the Services or purchase of Products. These amounts will be charged to the Payment Method you provide. All prices are listed in U.S. dollars and are valid until changed by us. We reserve the right to validate all payment tenders made to us.
Billing by us, and your payment to us, is automatic and recurring. We will bill your Payment Method for such amounts:
- At the end of the free trial period of your subscription, unless you cancel before the end of the free trial period;
- At the beginning of your subscription; and
- At the beginning of each subsequent corresponding subscription period thereafter, unless and until you cancel your subscription before such renewal.
- attempt to use another user’s account, impersonate another person or entity (e.g., pretexting or spoofing);
- attempt to or actually disrupt, interfere with, or damage the Site or any Service or any web sites linked to our Site, including by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other methods or technology;
- publish falsehoods or misrepresentations that could damage Creativebug or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
- impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store, collect, or make publicly available on or through the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
- solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
- intimidate or harass another person;
- attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access or otherwise restricted to you;
- collect, manually or through automated processes, information about other users (without their express consent) or other information relating to the Site or the Services;
- use any meta tags or other “hidden text” using our name, trademarks, service marks, or trade dress, or those of permitted suppliers or other sponsors of web pages or Services, or Products on the Site;
- link (including “deep linking”) to the Site without our prior express written permission specifying you by name;
- engage in any activity that interferes with a third party’s ability to use or enjoy the Site or Services;
- use or attempt to use another’s account, service or system without authorization from us or create a false identity on the Site;
- upload, post, transmit, share, store or otherwise make available content that restricts or inhibits any other person from using or enjoying the Site, or which may expose us, the Site, or other Subscribers to any harm or liability of any type;
- place or attempt to place unreasonable or disproportionately large loads on the Site or Service infrastructure; or
- assist any third party in engaging in an activity prohibited by these Terms.
- infringe, misappropriate or violate any patent, trademark, trade secret, copyright, right of publicity or other right of anyone;
- submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Creativebug all of the license rights granted herein.
Automatic billing does not occur for non-renewing subscriptions and gift subscriptions.
Discounts, rebates or other special offers are only valid for the initial subscription period; subscriptions renew at the then-current full subscription rate.
You must have a valid Payment Method to subscribe to our Services or purchase a gift subscription. We reserve the right to change the Payment Methods we accept at any time without notice.
If you want to use a different Payment Method, or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging on to your account and clicking on the Account Profile icon, then selecting the Account menu available at the top of the pages of the Site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your Account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
If we are unable to process a payment using your selected Payment Method, we may, but are under no obligation to, call or email you to ask whether you wish to use an alternate Payment Method. We may terminate your Subscription, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your Payment Method and you do not provide an alternate Payment Method. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us or any of our suppliers, or incurred by us in collecting any payment, including attorneys’ fees and costs of collection agencies.
7. Subscription Fees and Discounts
Subscription fees and charges for both standard and non-renewing subscriptions or gift subscriptions are fully earned upon payment. Unused subscription fees are non-refundable.
If an existing Subscriber receives a non-renewing subscription or gift subscription, we will either (a) credit the value of the non-renewing subscription or gift subscription toward the Subscriber’s renewal subscription payment obligations, if the non-renewing subscription or gift subscription period is shorter than the Subscriber’s existing subscription, or (b) commence the non-renewing subscription or gift subscription after the termination of the Subscriber’s existing subscription, if the non-renewing subscription or gift subscription period is longer than the Subscriber’s existing subscription.
Gift subscriptions have no exchange, cash or surrender value. Each Subscriber’s License is expressly conditioned upon timely payment of all applicable subscription fees.
At any time, and for any reason, we may provide a refund, discount, bonus, or other consideration to some or all of our Subscribers (“considerations”). The amount and form of such considerations, and the decision to provide them (or not), are at our sole and absolute discretion. The provision of considerations in one instance does not entitle you to considerations in the future for similar instances, nor does it obligate us to provide considerations in the future, under any circumstance.
Additional charges for Services may include gift subscription purchases you make, or changes in subscription plans. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least 30 days’ advance notice of these changes by email. Such notices to you shall be deemed to have been given upon transmission.
8. Subscription Plans; Class Credits; Video Sales
We offer a monthly recurring subscription, a multi-month recurring subscription, and recurring gift subscriptions for differing subscription periods, currently monthly, 3-month, 6-month and 12-month periods. As an active subscriber, a user receives full access to all classes on the Site. We also may, but are not promising to, offer trial periods, special promotional plans, bundled plans, premium services with respect to one or more types or categories of Content, and subscriptions with different limitations.
We reserve the right to modify, terminate or otherwise amend our subscription plans at any time without prior notice.
Recipients of gift subscriptions will receive a welcome email from us notifying them of their gift. Gift recipients must register with us to become a Subscriber. To view the specific details of your subscription, visit the Site and click on the Account Profile icon to view your Membership Plan information. You can cancel your subscription from creativebug.com by logging in and choosing Account Profile icon from the top right side of the site, then selecting “Cancel Subscription” under the Account menu. These Terms survive the cancellation or termination of your subscription.
Class Credits – Monthly Subscribers. Class Credits are an added subscriber benefit which can be redeemed to add classes to a user’s Library. Each credit allows the addition of a single class to the Library. Access to classes within a user’s Library does not expire, and users will continue to have access to the classes in their Library even after they are no longer active subscribers.
Subscribers with active subscriptions will receive one Class Credit at the time of the initial subscription purchase, and one additional Class Credit with each monthly renewal charge. Subscribers in a free trial period will not earn a Class Credit until the free trial has ended and an initial payment of a paid subscription has been made. Class Credits received but not yet redeemed will be displayed in a user’s profile next to the My Classes tab.
A user must have an active subscription to redeem Class Credits. If a user’s subscription has expired and the user has Class Credits remaining, the user must reactivate their subscription within six months in order to redeem Class Credits. With the reactivation of a subscription, the user will also receive one additional Class Credit that can be redeemed at any time through the duration of a paid subscription.
Class Credits may be redeemed through the Site. Class Credits cannot be redeemed through mobile applications. Once a Class has been added to the Library, that class may not be exchanged for a different class. Once a Class has been added to the Library it may not be credited for a future Class credit.
We reserve the right to modify, terminate or otherwise amend the offering of class credits at any time without prior notice.
Class Credits – Gift Subscriptions. Recipients of multi-month recurring subscriptions and gift subscriptions will receive all eligible Class Credits when the recurring subscription or gift subscription is added to an active subscription account. For example, when a three-month subscription is added to an account, the subscriber will receive three Class Credits. No additional Class Credits will be given for the duration of the recurring subscription or gift subscription, until the next renewal payment is received.
Video Class Sales
Registered Users may buy video classes either separately or (when available) bundled through the Site. To order a video class, you will need to follow the ordering procedures on the Site. Pricing details for video classes and the procedures for payment and delivery are displayed on the Site. Prices are subject to change without notice.
We may refuse any order placed by you for any reason. When your video class purchase is completed, we will confirm acceptance to you by online electronic means to your provided email address. For any issues that you experience with a video class purchase, you may contact our customer service team at firstname.lastname@example.org.
If you are not satisfied with your video class purchase, you may request a refund within 30 days after purchase. Refunds will be issued for the full amount paid for a video class, in the original form of payment used to purchase a video class.
9. Registration, Profiles, and Access
To be a Registered User, you must: (a) be at least 18 years old; (b) apply online through our Site by providing complete and accurate information; (c) reside in the United States of America (including its territories), or anywhere else in the world not prohibited by U.S. export regulations or other applicable law (“Territory”); and (d) otherwise comply with these Terms. Subscribers must also pay the applicable subscription fees. As and while a Registered User, you represent and warrant to us that you meet each of the foregoing requirements, and that you have read, understood and agree to abide by this agreement.
Only Registered Users may view, play, download, or upload Content or otherwise use restricted portions of the Site or request or receive Services. In order to become a Registered User, you will need to create an account by registering with us online and then logging into the Site. In creating an account, you must provide us with a unique (as to us) email address, username and password, along with other accurate and complete registration information, as prompted in the registration form. You shall be solely responsible for the use of your user name and password, including their safekeeping so they are not disclosed to or used by any unauthorized third party. Login credentials are non-transferable.
Each Registered User must also establish a user profile that will be publicly displayed and will identify you to other Registered Users (“Profile”). Your Profile must, at a minimum, include a username of your choice and a profile picture (which may be a photograph or image provided by you, or a default option provided by Creativebug). You may also, at your election, display on your Profile other information which you wish to make public, such as a profile description prepared by you, links to your website, blog, Twitter feed, Facebook page or other online presence, your interests (e.g., knitting, jewelry, painting), and other content created by you and submitted to Creativebug in connection with your use of the Site and your participation in classes, including video or written content, images, information and other materials (collectively, “User Submissions”). Creativebug does not guarantee any confidentiality with respect to any User Submissions, whether or not User Submissions are published. We discuss User Submissions more fully in the Section titled “User Submissions and User Conduct.”
You must promptly notify us if any of your registration information changes. If you fail to provide or update such information, we may suspend or terminate your subscription or registration, and we may not be able to contact you to provide information in which you may be interested.
We reserve the right to deny you and others access to the Site, refuse service, suspend or terminate accounts, remove or edit Content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including our determination that you have failed to abide by this agreement or appear likely to violate this agreement. By granting you access at any time, we do not obligate ourselves to maintain the Site in any form, and we expressly reserve the right to modify, suspend, or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close the Site and delete any files which you may maintain at the Site and any information which you may choose to post. You should keep a copy of any material which you post to or maintain at the Site because we will not undertake to retain copies of any material which we or others may delete from the Site.
The Creativebug Application allows you to access certain materials and functionality available on the Site through a tablet or mobile device. We reserve the right to withdraw or amend any Application at any time for any reason. As a Registered User, you acknowledge that the terms of the contract with your mobile network provider will continue to apply when using an Application. You acknowledge you may be charged by your mobile network provider for access to mobile network connection services while accessing an Application or any such third party charges as may arise, and you accept responsibility for any such charges that arise. If you are not responsible for the bill payment of the service for the mobile telephone or handheld device being used to access an Application, you will also be assumed to have received permission to access the Application from the responsible party.
To use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications that are specified within the Application. Creativebug does not accept any responsibility for the unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure that may result in an Application being unavailable. Creativebug will not be responsible for any support or maintenance for Applications.
10. Electronic Communications
When you visit our Site or email us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or notices we post on our Site, and if necessary, by regular mail or telephone. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.
So long as you continue to meet all of the Registered User requirements, we grant to you as a limited, non-exclusive, personal, non-sublicensable, non-transferable, revocable, license to access and use the Site and Services only in order to view Content on no more than one computer or personal device at the same time and, for Subscribers, solely for your non-commercial, personal or household use (“License”). Except for this limited License, no right, title or interest is provided to you.
If you are a Subscriber, your License extends only during your subscription period. If you are an Artist, these Terms incorporate by reference the separate Artist Agreement between you and us, and your License term extends only during the period specified therein. By posting or providing to us any Content on the Site, you grant to us a non-exclusive, perpetual, paid-up, royalty-free worldwide, license to use (including copying, sublicensing, creating derivative works of, and performing publicly) your Content on the Site and in any other media.
The License will enable you to view, select, stream and access Content via the Services in accordance with these Terms during your subscription. Not all Content may be available for all purposes or at all times. Access to certain Content may depend, among other things, upon your geographic location (i.e. you will not be permitted to access Content from outside the Territory), whether you are able to maintain an internet connection, and available bandwidth and equipment used to access the Services.
By granting you access to the Site or Services, we do not transfer ownership to any portion of the Content. Any unauthorized copying, re-transmission, display, performance, or distribution of the Site, Content or any portion thereof, and any material breach or violation of these Terms, automatically terminates the License, obligates you to cease all use of the Service, and may constitute copyright infringement. We and our licensors reserve all rights not expressly granted in and to the Service and the Content.
Except as provided in the License and except for your own Content that you authored and uploaded to the Site, you may not download or copy (other than through page caching necessary for personal use), or distribute, transmit, display, perform publicly, publish, upload, edit, post, link to, frame, transmit, rent, lease, lend, sublicense, modify, create derivative works of, or offer for sale, in whole or in part, any Content, advertisements, or other information contained on, or obtained from or through, the Site, without our prior written consent. Without limiting the generality of the foregoing, you may not distribute any part of these Services over any network, including a local area network, nor sell or offer it or them for sale.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Site or on any portion of it. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or any copyright or trademark notices on any Content. Any unauthorized use of the Site, any Services or any Content or any other content (e.g., promotional materials) will automatically and without notice terminate the limited License and will result in the cancellation of your subscription. You may not decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software or digital rights management feature on the Site into a readable form in order to examine the construction of such software or to copy or create other competitive products or materials based in whole or in part on such software or any feature of the Site or Services or Content, or intercept or record network communications between the Site and us.
In no event shall any Content, Artist submissions or User Submissions be used for any website or publication of any sort which is competitive with the Site. For the sake of clarity, a website or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Creativebug or the Site.
We and our affiliates and partners may suspend or terminate your subscription and access to the Site immediately if we reasonably determine that you or anyone for whom you are responsible are in violation of the Terms, or if we receive information that you no longer meet the Subscriber requirements. In such event, you must cease all use of the Services. The suspension or termination of your subscription is in addition to, and not in lieu of, any rights and remedies available to us under the Terms or under applicable laws.
13. Service Updates and Software
At various times, we may choose to make available updates, bug fixes, enhancements or other changes to the Services or Site (“Service Updates”). Service Updates may be: (a) automatic, such as in connection with general network changes and additional features or updates to data required by the Service; (b) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; or (c) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Site and use the Services.
Due to the potentially large amount of Content posted by subscribers on the Site, we generally do not undertake to monitor or control the nature of the available Content. You are solely responsible for your interactions with Artists, other Content providers, and other users of the Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Services, remove, edit, or take any other action to restrict access to or the availability of any material that we or a user of the Services may consider to be unlawful, obscene, lewd, lascivious, filthy, violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable. All prices, features, specifications, Offerings, and Content are subject to change or discontinuance at any time without prior notice. Special Service offerings and promotions displayed on the Site are considered no longer valid after they are removed from the Site.
15. User Submissions and User Conduct
By posting, storing, transmitting or sending to us any User Submissions (including your Profile information), you hereby grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, paid-up, sub-licensable right to use, modify, and exercise the copyrights, patents, privacy and publicity rights, database rights, trade secret rights, and other rights to and in such Submissions, in any media now known or created in the future, and to display your User Submissions throughout the world in any media, for any purpose whatsoever, including developing, manufacturing, providing, or promoting new products or services using such information and User Submissions, whether alone or combined with anyone else’s Content. To the maximum extent permitted under applicable law, you hereby irrevocably waive any claims based on moral rights, if any, to such User Submissions.
You represent, warrant and agree that: (a) you own or have all necessary rights in and to all Subscriber Content and User Submissions to use and to allow Creativebug to use as described in this agreement such materials (including their respective patent, trademark, trade secret, copyright, moral, or other proprietary rights); (b) the User Submissions do not contain any virus or malware, including any trap or back doors, time bombs, spyware, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (c) use of the Submissions you supply does not violate these Terms, or the rights of any third party, and will not negligently or willfully cause injury to any person or entity.
Without limiting the foregoing, you agree that you will not:
Please act responsibly when using the Services. You may only use the Services, Site, and Content for lawful purposes and in accordance with applicable law. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and civil liability.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Creativebug with respect thereto.
You acknowledge and agree that neither we nor any of our licensees, Artists, sponsors, suppliers, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyrights or other rights in and to any User Submissions, and that Creativebug and its licensees, Artists, sponsors, suppliers, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any User Submissions submitted.
To the fullest extent permitted by applicable laws, we exclude and disclaim all responsibility and liability for any User Submissions, and for any losses or expenses resulting from their use or appearance on the Site or elsewhere. We reserve the right to monitor all User Submissions and to remove any that we consider in our sole discretion to be offensive or otherwise in breach of these Terms or in violation of general community standards and notions of decency.
16. Hyperlinks to and from Third-Party Sites
You are not permitted to link to the Site from any third-party site without our prior written consent. The Site may link you to other sites on the internet including sites owned or controlled by our sponsors. These may include links to third-party retailers of class materials for the convenience of Subscribers. Third-party sites may contain information or material that some people may find inappropriate or offensive. All third-party sites may have their own, different privacy policies. Such other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, whether or not such sites are affiliated in any way with us or our partners. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
17. Intellectual Property
In your use of our Site or Services, you must not:
18. Copyrights, Trademarks, Ownership of Data
All content included on and software used on or by the Site and any compilations and derivatives thereof, including text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, and all related intellectual property rights, are the exclusive property of Creativebug, its affiliates or its respective content suppliers, and is protected by United States and international copyright laws. Except as expressly provided in these Terms to the contrary, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content or any other copyrighted works displayed or contained in the Site without our express, written consent or that of the respective copyright owner.
Trademarks. CREATIVEBUG®, the Creativebug logo, AIRCRAFT® and the expression WHAT WILL YOU MAKE TODAY?℠ are trademarks or service marks owned by Creativebug. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Creativebug. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Creativebug, and all goodwill generated by such use shall inure to our sole benefit. All other trademarks, trade names, service marks and the like that appear on the Site, Service or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission.
You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creativebug or third parties without our or their respective express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Creativebug name or trademarks without our express written consent.
You agree to defend, indemnify and hold us, our shareholders, directors, officers, employees, agents, affiliates, suppliers, artists, partners, service providers, and licensors (“Indemnified Persons”) harmless from any claim, demand, damage, loss, or expense, including costs and attorneys’ fees, made by any third party due to or arising out of: (a) your access to or use of the Site, Content, or Services; (b) any of your User Submissions or Subscriber Content; (c) the violation of these Terms by you; or (d) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (all of the foregoing referred to as a “Claim”). If you are obligated to provide indemnification, the involved Indemnified Person may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without the consent of the respective Indemnified Persons.
20. DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR SITE AND THE INFORMATION, CONTENT, OFFERINGS, MATERIALS AND PRODUCTS INCLUDED ON OUR SITE.
WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.
OUR SITE IS OPERATED ON AN “AS IS," and “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, OR THE OFFERINGS, CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, ITS SERVERS, OR EMAIL WILL: (a) BE UN-INTERRUPTED, (b) BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (c) MEET YOUR REQUIREMENTS OR SATISFACTION, (d) BE SECURE FROM HACKERS OR OTHER UNAUTHORIZED PERSONS; OR (e) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE.
You expressly agree that your use of our Site, products and services is at your sole risk.
21. Third Party Services
We are not responsible in any way for any transactions between you and any third-party provider of products, services, or content. Any third-party content, links, products, services, resources, or information that we provide on or make available through the site or services, including those available through third-party websites, links, advertising or advertisements, are not controlled by us.
WE MAKE NO WARRANTIES REGARDING THIRD PARTIES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND COMPLIANCE WITH APPLICABLE LAW.
You expressly agree that we (and our shareholders, directors, officers, employees, agents, affiliates, suppliers, artists, partners, service providers, and/or licensors) will not be liable for, and you waive any claims arising out of, your use of or reliance on such third-party products, services, resources, or information.
We have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your subscription(s) or your access to the Site or Services. Such reasons may include: (a) your breach of any part of these Terms, (b) your violation of the rights of any third party or of law, (c) the invalidity or suspension of your Payment Method, (d) your exceeding your credit card limit or balance, or (e) “chargeback” of a fee or other payment. If you are a Subscriber, you may terminate your subscription(s) for any reason at any time by terminating it through the Account Profile feature on the Site, subject to these Terms.
Effect of Termination. If your Account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials (including any Submissions) relating to your use of the Site or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use the Site or Services (including accessing the Site or viewing any Content through the Service). We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site or Services, including technological barriers, IP mapping, and direct contact with your Internet Service Provider. If your subscription is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination, and you will not be entitled to reimbursement of or credit for any subscription fees.
All provisions of these Terms, except the License and Site access to you and your use of the Services, shall survive the termination of these Terms.
23. Relationship of Parties
The relationship of Creativebug to you is one of seller and customer. We are not a partner, or a joint venturer, or a co-venturer with you. Neither we, nor any of our affiliates, Artists, suppliers, licensors, successors and assigns owe you any fiduciary duties. You may not assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any purported assignment, pledge or transfer without prior written consent shall be void. These Terms and our rights hereunder are freely assignable by us in our sole discretion.
If any provision of these Terms is held unenforceable, the remaining portions thereof shall remain in full force and effect. Without limiting the foregoing, you agree that if any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein shall remain in effect.
25. Governing Law
By visiting our Site and by our acceptance of your offer to enter into these Terms, you agree that these Terms have been entered into in the State of Delaware of the United States of America. You further agree that the laws of the State of Delaware, without regard to its principles of conflict of laws, and applicable U.S. law will govern these Terms, and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary, the United Nations Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the interpretation or enforcement of these Terms. Nothing in this paragraph exempts or excuses you from complying with any laws which may apply to you, including those of the jurisdiction in which you are located.
26. Contact Us
27. Copyright Agent
The following is provided pursuant to the requirements of the Digital Millennium Copyright Act ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the Web site infringes one or more of your copyrights, please immediately notify the Company's Copyright Agent by mail at the respective addresses below (each a “Notification” and collectively, “Notifications”) providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Web site infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single Notification, a representative list of such works at that site. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a “service provider,” as such term is defined under the DMCA, to locate the Infringing Material. (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following: By mail: Robert D. Icsman, Copyright Agent c/o JoAnn Stores LLC 5555 Darrow Road Hudson, OH 44236; By phone: 1-330-463-3409; By email: email@example.com.
28. Entire Agreement
These Terms were last revised in June 2017.
Copyright © 2017 Creativebug, LLC. All Rights Reserved.